Salmonid waters by-law
Deputy Grealish called for urgent secondary legislation to protect salmonid lakes and native species after a by-law was challenged. The Tánaiste said the issue was not suitable for primary legislation and would be considered by the Minister of State.
The Tánaiste may be aware that designated salmonid waters by-law No. 964 of 2018 was signed into law by the Minister for Communications, Climate Action and Environment, Deputy Bruton, on 25 October 2018. The by-law designates seven State-owned lakes as salmonid lakes, but it was challenged in the courts and the case was not defended by the Government. The by-law was signed into law in order to protect native species in seven salmonid lakes and control invasive species which had been illegally introduced. A further by-law must be implemented as a matter of urgency to protect the native species in the seven lakes. Why was the case not defended by the State before the courts? No representative of the State appeared in court to defend by-law No. 964 of 2018 when it was challenged by pike fishing lobby groups. Will the Tánaiste to give a commitment to the House that emergency legislation will be introduced as a matter of urgency to protect the seven salmonid lakes and the native fishing industry? I assure him that if the Government does so, it will receive my full support. I understand the Minister of State, Deputy Kyne, is working hard on the matter.
Comment on this
I thank the Deputy for raising this issue which has been examined by the Department of Communications, Climate Action and Environment and is not considered to be one that can be appropriately included in primary legislation. Primary legislation in the inland fisheries area generally sets out a framework for the vires of the relevant Minister to enact secondary legislation to encompass fisheries management matters. Primary legislation is generally not prescriptive in terms of detailed management interventions. The Minister of State at the Department, Deputy Canney, has asked it to reflect on the advice received and the outcome of recent court proceedings in the context of the intended by-laws. It must be emphasised that as a matter of policy the lakes in question have long been designated for management, primarily for the benefit of wild brown trout, and that policy designation remains. Inland Fisheries Ireland has advised that stock management plans for the lakes for 2019 have been approved by its board.